AR20140003243

IN THE CASE OF: Mr.

BOARD DATE: 23 January 2015

CASE NUMBER: AR20140003243
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.

Presiding Officer

I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his under other than honorable conditions discharge characterization and a change to the narrative reason.

2. The applicant states, in effect, he was young and made bad decisions. He has learned in the past five years since his discharge and will never make the same mistakes again. He has remained a law abiding citizen since his separation and would like to better himself as a person. He states an upgrade of his discharge would allow this.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 18 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 7 November 2008
d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200,
Chapter 14-12c(2), JKK, RE-4
e. Unit of assignment: G Company, 407th Brigade Support Battalion,
Fort Bragg, NC
f. Current Enlistment Date/Term: 29 June 2006/5 years, 23 weeks
g. Current Enlistment Service: 2 years, 4 months, 9 days
h. Total Service: 2 years, 4 months, 9 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 63B1P, Wheeled Vehicle Mechanic
m. GT Score: 111
n. Education: HS Graduate
o. Overseas Service: SWA
p. Combat Service: Iraq (070325-080320)
q. Decorations/Awards: GWOTSM, ICM-CS, ASR, OSR
r. Administrative Separation Board: Yes
s. Performance Ratings: NA
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 29 June 2006, for a period of 5 years and 23 weeks. He was 18 years old at the time of entry and a high school graduate. He served in Iraq. His record is void of any significant awards of valor and achievement. He completed 2 years, 4 months, 9 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Bragg, NC.
SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence contained in the applicants service record shows that on 9 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconductcommission of a serious offense, for wrongfully using cocaine (080407-080414), failing to report x 2 (080416 and 080423) and disobeying a lawful order by breaking restrictions (080519).

2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3. On 11 August 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, submitted a conditional waiver for consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed action and recommended approval of the separation with a under other than honorable conditions discharge.

4. On 28 August 2008, the separation authority disapproved the conditional waiver request, and appointed an administrative separation board to review the applicants case.

5. On 3 September 2008, the applicant was notified to appear before an administrative separation board and advised of his rights.

6. On 25 September 2008, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicants discharge with characterization of service of under other than honorable conditions.

7. On 20 October 2008, the separation authority approved the recommendation of the administrative separation board and directed the applicants discharge with a characterization of service of under other than honorable conditions.

8. The applicant was discharged from the Army on 7 November 2008, with a characterization of service of under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and an RE code of 4.

9. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. There is one positive urinalysis report contained in the record:

IU, Inspection Unit, 14 April 2008, cocaine

2. Article 15, dated 30 December 2007, for inhaling compressed air. The punishment imposed was not documented in the record (FG).

3. Article 15, dated 8 May 2008, for wrongful use of cocaine between the period of 7 April 2008 and 14 April 2008. The punishment consisted of a reduction to the grade of E-1, forfeiture of $672 pay per month for two months and extra duty and restriction for 45 days (FG).

4. Three negative counseling statements dated 16 April 2008, 23 April 2008 and 20 May 2008, for failure to obey an order (080520) and failure to be at his appointed place of duty x 2 (080416 and 080423).

5. MEDCOM FORM 4038 (Report of Behavioral Health Evaluation), dated 19 May 2008, reflects the applicant had clear and normal thought content, was mentally responsible, and diagnosed with substance abuse and work stress.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, dated 13 February 2014 and a DD Form 214.

POST-SERVICE ACTIVITY:

The applicant did not provide any in support of his application.

REGULATORY AUTHORITY:

1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.

2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.

3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization.

4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of “JKK” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse).

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge and a change to the narrative reason was carefully considered. However, after examining the applicants record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge or change the narrative reason.

2. The record confirms the applicants discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant, by violating the Army’s policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army’s drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicants record of service was marred by two Article 15s and three negative counseling statements.

3. The applicant further requests a change in the reason for the discharge. However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of “JKK” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), for drug offenses. The regulation further stipulates that no deviation is authorized.

4. The applicant contends that he was young at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

5. The records show the proper discharge and separation authority procedures were followed in this case.

6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 23 January 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 2 No Change: 3
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: No
Change Characterization to: No Change
Change Reason to: No Change
Change Authority for Separation: NA
Change RE Code to: NA
Grade Restoration to: NA
Other: NA

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
AWOL – Absent Without Leave GD – General Discharge NA – Not applicable SCM- Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
CG – Company Grade Article 15 HD – Honorable Discharge OAD – Ordered to Active Duty UNC – Uncharacterized Discharge
CID – Criminal investigation Department MP Military Police OMPF – Official Military Personnel File UOTHC – Under Other Than Honorable Conditions

ADRB Case Report and Directive (cont) AR20140003243

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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